2.23.001If the international application discloses one or more nucleotide and/or amino acid sequences, it must contain a sequence listing, which is to be drawn up in compliance with the standard prescribed in Annex C of the Administrative Instructions under the PCT and published on the WIPO website. More specifically, the sequence listing must comply with the version of WIPO Standard ST.25 which is applicable on the date on which the sequence listing is submitted.33 For international applications filed on or after 1 July 2022, the applicable standard before the EPO is WIPO ST.26. Details of the practice which will be applied for applications filed on or after 1 July 2022 are provided in the decision of the President of the EPO dated 9 December 2021 on the filing of sequence listings and the explanatory notice from the EPO (see OJ 2021, A96 and OJ 2021, A97). The following paragraphs describe the practice applicable for international applications filed up until 30 June 2022.
R. 5.2, 13ter.1 PCT
OJ 2011, 372
OJ 2013, 542
OJ 2021, A96, A97
Section 101, 204, 207, 208, 707(a) and (a-bis) AI
Annex C AI
WIPO PCT Guide 5.099-5.104,
2.23.002Any sequence listing not contained in the international application as filed will, if not allowable as an amendment under Article 34 PCT (see points 4.2.003 ff), not form part of the international application.
2.23.003Tables relating to sequence listings (if there are any) must be included as an integral part of the description in the same format as the remainder of the application. Any pages containing such tables relating to sequence listings count as regular pages of the description for which full page fees are payable (see point 2.26.006). Where the sequence listing contains free text, that free text must be repeated in the main part of the description in the language thereof and is taken into account for the calculation of the page fee part of the international filing fee (see point 2.26.006).
2.23.004An international application containing a sequence listing can be filed on paper or in electronic form. If it is filed on paper, the sequence listing must also be filed on paper. If it is filed in electronic form, the sequence listing must be filed in that form, too, either in image format (PDF) or, preferably, in text format (.txt or .app).
2.23.005If an international application is filed in electronic form, a sequence listing forming part of such application and filed in text format in compliance with Annex C is not taken into account for calculating the (page fee part of the) international filing fee (see point 2.26.006). There will be no need to file a second copy for the purposes of international search and, where applicable, international preliminary examination (see points 3.3.011, 4.2.034).
2.23.006If any other option for filing a sequence listing is chosen, i.e. filing on paper or in image format, the sum of the page fee part of the international filing fee is calculated taking into account each page of the sequence listing. Furthermore, if the EPO is selected as ISA, SISA and/or IPEA a sequence listing in electronic form in text format in compliance with Annex C will be required (see points 3.3.011 ff).
33wipo.int/export/sites/www/standards/en/pdf/03-25-01.pdf. In July 2022, a transition from WIPO Standard ST.25 to Standard ST.26 will take place.